2022 Fall Conference


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Annual Fall Conference

Co-Hosted with the Global Antitrust Institute (GAI)
and the National Security Institute (NSI)

IP on the Wane:
Examining the Impacts
as IP Rights Are Reduced

Thursday, September 22, &
Friday, September 23, 2022

Hosted in person at George Mason University
Van Metre Hall, Mason Square
(formerly the Arlington Campus)

— 10 Hours VA CLE Pending —

After decades of efforts by some to slow the perceived expansion of intellectual property rights (IPR) around the globe, policymakers and courts in a number of countries have responded by placing greater limitations on IPR. Now that such limits have been in effect for a few years, researchers have been able to start measuring the impact on innovators, creators, and the overall economy. C-IP2’s Annual Fall Conference brings together leading researchers, policymakers, creators, and innovators to share their experiences and results.

The conference is in-person only, but it will be recorded and posted to C-IP2’s YouTube channel after the event.


Please CLICK HERE to register


Law Rocks Washington DC

Thursday, September 22, 2022
The 9:30 Club, Washington, D.C.

Are you ready to rock? C-IP2 is excited to feature the Seventh Annual Law Rocks Washington DC on the official conference program! Law Rocks DC will be held at the 9:30 Club this September 22, 2022, and features eight bands of legal professionals rocking out to benefit local nonprofits. Conference registrants can receive $5 off their General Admission or $10 off their VIP ticket to Law Rocks DC. Note: There is a reciprocal discount on Annual Fall Conference registrations for Law Rocks ticketholders, but patrons may only take advantage of 1 discounted option. For more information, please contact C-IP2 at: cip2@gmu.edu.

 To purchase your ticket today, please visit https://lawrocks.org/dca.


CONFERENCE MATERIALS

Conference Program PDF*

CLE Materials*

*Coming Later


CONFERENCE PROGRAM

THURSDAY, SEPTEMBER 22, 2022

All times are in Eastern Daylight Time Zone (EDT)

12:00 – 1:00 PM:   REGISTRATION & CONTINENTAL LUNCH

1:00 – 1:10 PM:   WELCOMING REMARKS

    • Joshua A. Kresh, Managing Director, Center for Intellectual Property x Innovation Policy, George Mason University – Antonin Scalia Law School
    • Sean M. O’Connor, Professor of Law, George Mason University – Antonin Scalia Law School; Faculty Director, Center for Intellectual Property x Innovation Policy

1:10 – 2:40 PM:    PANEL 1: HOW WELL DOES THE ANTITRUST APPROACH FIT THE BIOPHARMACEUTICAL SPACE?

Many pharma-specific, sui generis legislative and regulatory regimes already exist, but many more have been proposed in the last couple of years in an effort to facilitate market entry of follow-on therapeutics. A few of these proposals would outright classify various practices using pharmaceutical patents and other exclusivities as antitrust violations. Almost all of the remaining proposals explicitly or implicitly rely on antitrust law and theory to support the idea that reining in patent and regulatory exclusivities are necessary to lower drug prices. The thought clearly underlying all of these proposals is that, absent these exclusivities, there would be increased “competition” within the pharmaceutical market.

    • Lee Branstetter, Professor of Economics and Public Policy, Carnegie Mellon University Heinz College of Information Systems and Public Policy
    • David Korn, Vice President, Intellectual Property and Law, PhRMA
    • Kevin D. McDonald, Partner, Jones Day
    • Gregory Dolin, Associate Professor of Law, University of Baltimore School of Law; Scholar, Center for Intellectual Property x Innovation Policy
    • Moderator: Emily Michiko Morris, David L. Brennan Endowed Chair, Associate Professor, and Associate Director of the Center for Intellectual Property Law & Technology, University of Akron School of Law; Senior Fellow for Life Science and Scholar, Center for Intellectual Property x Innovation Policy

2:40 – 3:00 PM:   BREAK

3:00 – 4:00 PM:   PANEL 2: THE GEOPOLITICS OF SEP ANTITRUST POLICY

Standard essential patent (SEP) policies continue to have outsized impacts on innovation and growth. This panel explores several active issues that face IP holders today. The first is China’s use of anti-suit injunctions and the ensuing response from U.S. and European courts. The second is the divergence between the FTC/DOJ’s pending policy shift on SEPs, the EU’s WTO complaint against China’s SEP policies, and the potential movement in EU SEP policy. The third is the extension of SSO/FRAND licensing model into the automotive sector (which has raised antitrust issues in US courts and among EU regulators).

    • Dr. Kirti Gupta, Vice President, Economic Strategy, and Chief Economist, Qualcomm; Senior Advisor, Center for Strategic and International Studies (CSIS)
    • Dr. Igor Nikolic, Research Fellow, European University Institute
    • Dr. Jorge Padilla, Senior Managing Director and Head, Compass Lexecon Europe
    • Wentong Zheng, Professor of Law, University of Florida Levin College of Law
    • Moderator: The Honorable Douglas H. Ginsburg, U.S. Court of Appeals; Professor of Law, George Mason University – Antonin Scalia Law School

4:00 – 4:15 PM:   BREAK

4:15 – 5:15 PM:   PANEL 3: IP & ANTITRUST

With the pending implementation of the Digital Markets Act (DMA) in the EU, the regulatory tools of interoperability, data sharing, and product design control have moved to the forefront of the debate in both antitrust and IP. Following the EU’s lead, the U.S. Congress is poised to pass similar legislation, which will have a wide-ranging impact on both innovation incentives and fundamental IP rights. Now more than ever, policy discussions are needed on the wisdom of having the government as the gatekeeper to digital markets and whether innovation can flourish under such as top-heavy, regulatory approach.

    • Alden Abbott, Senior Research Fellow, Mercatus Center, George Mason University; Former General Counsel, Federal Trade Commission
    • Dr. Jay Ezrielev, Founder & Managing Principal, Elevecon
    • Aurelien Portuese, PhD, Director, The Schumpeter Project | Information Technology and Innovation Foundation; Adjunct Professor, George Mason University – Antonin Scalia Law School
    • Christopher S. Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science & Founding Director, Center for Technology, Innovation and Competition, University of Pennsylvania
    • Moderator: Dr. Alexander Raskovich, Director of Research, Global Antitrust Institute (GAI), George Mason University – Antonin Scalia Law School

5:15 PM:   CONFERENCE ADJOURNS

EVENING:   THE SEVENTH ANNUAL LAW ROCKS WASHINGTON DC AT THE ACCLAIMED 9:30 CLUB

FRIDAY, SEPTEMBER 23, 2022

All times are in Eastern Daylight Time Zone (EDT)

7:30 – 8:30 AM:   REGISTRATION & CONTINENTAL BREAKFAST

8:30 – 8:50 AM:   MORNING VIRTUAL REMARKS

    • Thom Tillis, U.S. Senator for North Carolina

9:00 – 10:30 AM:   PANEL 4: HOW WEAK PATENT RIGHTS DISTORT INNOVATION MARKETS

For over a decade and a half, the U.S. patent system has been weakened by a sequence of judicial and legislative actions.  Economic theory and history anticipate that this policy trajectory would distort the innovation economy by diverting R&D dollars away from technology sectors that are patent-dependent.  Our panelists will present data showing how VC and technology markets have largely responded as expected, shifting risk capital away from the high-cost and long-term R&D projects in the life sciences and IT hardware sectors that deliver the greatest social returns.

    • Sreekar Gadde, Executive Director, BlueTree Capital Group
    • Mark F. Schultz, Goodyear Tire & Rubber Company Chair in Intellectual Property Law & Director, Center for Intellectual Property Law and Technology, Akron Law; Senior Scholar, Center for Intellectual Property x Innovation Policy
    • David Taylor, Professor of Law; Director, Tsai Center for Law, Science, and Innovation, SMU Dedman School of Law
    • Gary Lauder, Managing Director, Lauder Partners
    • Moderator: Jonathan Barnett, Torrey H. Webb Professor of Law, University of Southern California Gould School of Law; Senior Fellow for Innovation Policy &Senior Scholar, Center for Intellectual Property x Innovation Policy

10:30 – 10:50 AM:   BREAK

10:50 AM – 12:20 PM:   PANEL 5: COPYRIGHT UNDER PRESSURE – WHAT PHASE ARE WE IN?

This session examines copyright and the pressures it has come under in recent years in order to evaluate how copyright looks from various perspectives, and in different jurisdictions. We will examine both judicial decisions and legislative reform efforts, and also ask related questions such as whether we are adequately considering moral rights, and the right of publicity; and whether efforts once promoted as benefitting creators such as NFTs are living up to their potential.

    • Clark Asay, Professor of Law, Brigham Young University J. Reuben Clark Law School
    • Orit Fischman Afori, Professor of Law, The Haim Striks School of Law, College of Management Academic Studies (COLMAN)
    • Maria A. Pallante, President and Chief Executive Officer, Association of American Publishers (AAP)
    • Karyn A. Temple, Senior Executive Vice President & Global General Counsel, Motion Picture Association (MPA)
    • Moderator: Sandra Aistars, Clinical Professor, George Mason University – Antonin Scalia Law School; Senior Fellow for Copyright Research and Policy & Senior Scholar, Center for Intellectual Property x Innovation Policy

12:20 – 1:30 PM:   LUNCH & KEYNOTE ADDRESS

1:30 – 3:00 PM:   PANEL 6: TRADE SECRETS: WAXING WHILE OTHERS WANE?

Counter to the trend of limiting intellectual property rights, many countries have strengthened trade secret laws, and this panel will consider the reasons for and impact of stronger trade secret laws. The discussion will bring together researchers, leading attorneys, and industry representatives to consider the reasons that businesses and lawmakers have become more interested in trade secret protection, the effect of these changes on the business and economic environment, and how they affect innovation, collaboration, and employee mobility.

    • Victoria A. Cundiff, Partner, Litigation Department, Paul Hastings
    • Dr. Nicola Searle, EPSRC Digital Economy Fellow and Senior Lecturer, Institute for Creative and Cultural Entrepreneurship (ICCE), Goldsmiths, University of London
    • Moderator: Mark F. Schultz, Goodyear Tire & Rubber Company Chair in Intellectual Property Law & Director, Center for Intellectual Property Law and Technology, Akron Law; Senior Scholar, Center for Intellectual Property x Innovation Policy

3:00 – 3:20 PM:   BREAK

3:20 – 4:50 PM:   PANEL 7: CHINA-U.S. COMPETITION IN THE 21st CENTURY:  INNOVATION, INTELLECTUAL PROPERTY, AND ITS IMPACT ON NATIONAL SECURITY

Economic success is a key element of the growing national security competition between the United States and China, and many have assessed that innovation will be at the heart of the United States’ effort to keep itself ahead of China.  There is little question that the protection of intellectual property and the incentivization effect it has on the creation and expansion of an innovation economy will be critical to this effort.  This panel will look at key aspects of that effort.

    • Dan Prud’homme, Assistant Professor, Florida International University School of Business
    • Dr. Jon Putnam, Founder and Principal, Competition Dynamics, Inc.
    • Kiersten E. Todt, Chief of Staff, Cybersecurity and Infrastructure Security Agency (CISA)
    • Moderator: Jamil Jaffer, Founder and Executive Director, National Security Institute; Assistant Professor of Law and Director, National Security Law & Policy Program, George Mason University – Antonin Scalia Law School

4:50 – 5:00 PM:   CLOSING REMARKS

    • Prof. Sean M. O’Connor, George Mason University – Antonin Scalia Law School; Faculty Director, Center for Intellectual Property x Innovation Policy

5:00 – 6:30 PM:   SPECIAL CLOSING RECEPTION RECOGNIZING THE HONORABLE JOHN F. WITHERSPOON, PROFESSOR AND DIRECTOR EMERITUS, INTELLECTUAL PROPERTY PROGRAM, IN COOPERATION WITH GEORGE MASON LAW REVIEW


CONFERENCE SPONSORS

*Coming Later

If you are interested in sponsoring the conference, please CLICK HERE to view opportunities.